Політичні чинники створення права: сучасні тенденції в Україні та Польщі

Анотація

In Ukraine the subject under analysis has been studied not enough. Some aspects of this issue have been researched by V. Gorbatenko, O. Kostenko, I. Kresina, O. Merezhko, N. Onishchenko, M. Teplyuk, Y. Shemshuchenko, O. Yushchyk. Polish scientists, such as T. Biernat, E. Kustra, R. Piotrovski, V. Staskevich, P. Vinchorek, S. Vronkovska, E. Vrublevsky have analyzed different models of law  creation. It has been described two making law concepts: rational and developmental. The first concept determines law as a tool of the political authority for realization their aims. The authority always supposes, that it understands society needs better. This concept is grounded on belief that the social life can be regulated by consciousness and rational thought. According to the developmental concept the interaction between politics and law are multilevel and ambiguous. The making law process depends on activity of members of parliament and also legal possibilities of other people to influence on this process.

Nowadays experts, lawyers, politicians are writing about poor quality of law. In Ukrainian and Polish scientific thought has appeared such notion as “inflation of law”. It means the negative phenomenon in the legislative process: the process of law creation that does not correspond to the real society needs. The norms of law, which regulate one object of social relation, are contradictory; responsibility for non-fulfillment of some functions is not defined; there is an ambiguous formulation of notions in law. Besides, some politicians and lawyers consider that enacting normative legal acts can immediately solve all problems. This process is called „instrumentalization of law”. The politicians and lawyers overlook customs, moral norms, traditions and agreements. Both processes – “inflation of law” and „instrumentalization of law” take place in Ukraine and Poland.

Personal and professional competencies of individuals by whom the state policy and law are formed may be defined as the most important for Ukrainian and Polish societies. The factors which influence on their professional qualities are studied in this article. The way of getting power, the term in office and the ability to determine strategy of a state are analyzed in both countries. The law can be effective, if society is involved into discussion.